201 Ky. Admin. Regs. 36:060

Current through Register Vol. 51, No. 5, November 1, 2024

Section 201 KAR 36:060 - Qualifying experience under supervision

RELATES TO: KRS 335.500(4), 335.505(4), 335.525(1)(e)

NECESSITY, FUNCTION, AND CONFORMITY: KRS 335.505(4) authorizes a student intern or trainee in professional counseling to use the title of professional counselor intern or student in training if the activities are performed under the supervision or direction of an approved supervisor and the activities are a part of a supervised program of study. KRS 335.525(1)(e) provides that the board shall issue a professional clinical counselor license to an applicant who has completed a minimum of 4,000 hours of experience in the practice of counseling under approved supervision. KRS 335.515(3) provides that the board shall promulgate administrative regulations to implement KRS 335.500 to 335.599, relating to licensed professional counselors. This administrative regulation establishes the requirements relating to supervision and experience under supervision.

Section 1. Requirements for the Practice of Professional Counseling.

(1) The practice of professional counseling shall be based on knowledge of areas including interpersonal, cognitive, cognitive behavioral, psychodynamics, human relations, crisis intervention, psychopathology, group dynamics, and effective methods and strategies necessary to help the client achieve mental, vocational, emotional, physical, social, moral, and spiritual development and adjustment throughout the client's life span.

(2) In providing counseling services, a licensee shall possess and utilize skills in the following areas:

(a) The helping relationship, including counseling theory and practice;

(b) Human growth and development;

(c) Lifestyle and career development;

(d) Group dynamics, process, counseling, and consulting;

(e) Assessment, appraisal, and testing of individuals;

(f) Social and cultural foundation, including multicultural issues;

(g) Principles of etiology, diagnosis, treatment planning, and prevention of mental and emotional disorders and dysfunctional behavior;

(h) Research and evaluation; and

(i) Professional orientation and ethics.

Section 2. Supervision.

(1) A supervisor of record shall be licensed by the board as a licensed professional clinical counselor supervisor.

(2) The supervisor shall manage, oversee, and direct the supervisee, taking responsibility for the professional clinical counseling practice of the supervisee.

(3) The supervisor shall have access to, and shall review, the supervisee's clinical documentation, when needed, and have a signed agreement with the supervisee's agency, if off-site, allowing the supervisor to:

(a) Review the supervisee's clinical documentation and records;

(b) View the supervisee's client sessions in face-to-face format, recorded format, or both, if available; and

(c) Communicate with the supervisee's administrative supervisor, if applicable, regarding the supervisee's performance.

(4) The supervisor shall use observations from the supervisee's clinical documentation, client sessions, and communications with the administrative supervisor, if applicable, to inform supervision and shall document these observations in his or her supervisory notes.

(5) The supervisor shall verify on the annual renewal application that he or she has reviewed 201 KAR 36:060 and 201 KAR 36:065.

Section 3. LPCA Supervision Agreement.

(1) A supervisee shall enter into a written supervision agreement with an approved supervisor. The supervision agreement shall contain:

(a) The name and address of the supervisee;

(b) The name, address, license or certification number, and number of years of practice of the supervisor of record;

(c) The name, address, license or certification number, and number of years of practice of other supervisors;

(d) The agency, institution, or organization where the experience will be received;

(e) A detailed description of the nature of the practice including the type of:

1. Clients that will be seen;

2. Therapies and treatment modalities that will be used including the prospective length of treatment; and

3. Problems that will be treated;

(f) The nature, duration, and frequency of the supervision, including the:

1. Number of hours of supervision per week;

2. Number of hours of individual supervision;

3. Methodology for transmission of case information; and

4. Number of hours of face-to-face supervision that meet the requirements of KRS 335.525(1)(e);

(g) A statement that supervision:

1. Shall occur a minimum of:

a. Three (3) times per month and one (1) hour per meeting for a full-time practice that consists of twenty-five (25) clock hours or greater per week; or

b. One (1) hour for every thirty (30) hours of client contact for a part-time practice that consists of less than twenty-five (25) clock hours per week; and

2. May include interactive, simultaneous video and audio media that meet applicable legal requirements for information required to be kept confidential;

(h) The conditions or procedures for termination of the supervision;

(i) A statement that:

1. The supervisor of record understands that the supervisor shall be held accountable to the board for the care given to the supervisee's clients; and

2. The supervisor of record meets the criteria established in Section 2 of this administrative regulation;

(j) The signatures of both the supervisor and the supervisee.

(k) A copy of a signed agreement between the supervisor and the supervisee's agency, if off-site, allowing the supervisor to:

1. Review the supervisee's clinical documentation and records;

2. View the supervisee's client sessions in face-to-face format, recorded format, or both if available; and

3. Regularly communicate with the supervisee's administrative supervisor, if applicable, regarding the supervisee's professionalism, using an agreed upon schedule.

(2) If a supervisee changes his or her supervisor of record or job placement as identified in the supervision agreement, the supervisee shall submit a new supervision agreement, which sets forth the information required by this section.

(3) The licensed professional counselor associate may begin the practice of professional counseling upon the board's approval of the agreement.

Section 4. Multiple Supervisors. The board may approve more than one (1) supervisor of record if an applicant or licensee submits a written request. The board may require the applicant and any supervisors to appear before the board to present a plan for the supervision.

Section 5. Experience Under Supervision.

(1) Experience under supervision shall consist of:

(a) Direct responsibility for a specific individual or group of clients; and

(b) Broad exposure and opportunity for skill enhancement with a variety of developmental issues, dysfunctions, diagnoses, acuity levels, and population groups.

(2) The board may approve an applicant's hours of experience under supervision obtained in another jurisdiction if the jurisdiction's regulatory board issuing professional clinical counselor licenses certifies that:

(a) It approved the hours;

(b) It approved the supervisor; and

(c) The hours were obtained after the applicant received a master's, specialist, or doctoral degree in counseling or a related field.

Section 6. Supervision Requirements.

(1) Supervision shall relate specifically to the qualifying experience and shall focus on:

(a) The appropriate diagnosis of a client problem leading to proficiency in applying professionally recognized clinical nomenclature;

(b) The development and modification of the treatment plan;

(c) The development of treatment skills suitable to each phase of the therapeutic process;

(d) Ethical problems in the practice of professional counseling; and

(e) The development and use of the professional self in the therapeutic process.

(2) A supervisee shall not continue to practice professional counseling if:

(a) The conditions for supervision set forth in the LPCA Supervision Agreement required by Section 3 of this administrative regulation are not followed; or

(b) The supervision agreement is terminated for any reason other than the extenuating circumstances that allow temporary supervision in Section 8 of this administrative regulation.

(3) If the terms of the supervision agreement are not being met by the supervisee, the supervisor shall immediately notify this board in writing.

Section 7. Evaluation by Board. The board shall evaluate the period of supervised experience required by KRS 335.525(1)(e) according to one (1) of the following methods:

(1) A candidate who seeks to obtain experience in the Commonwealth of Kentucky shall submit the supervision agreement required by Section 3 of this administrative regulation for the experience prior to beginning to accrue the required experience; or

(2) A candidate who obtained the experience in another state shall submit:

(a) Documentation of the hours of supervision with the Application for Licensed Professional Clinical Counselor required by 201 KAR 36:070;

(b) Information that verifies:

1. That the requirements for the license or certificate of the supervisor from the state in which the license or certificate was held are substantially equivalent to the requirements for that license or certificate in Kentucky;

2. That the supervisor is in good standing with the certifying or licensing state; and

3. That the practice and supervision requirements in the state from which the candidate is applying are substantially equivalent to the requirements established under this administrative regulation.

Section 8. Temporary Supervision.

(1) In extenuating circumstances, if a licensed professional counselor associate is without supervision, the associate may continue working up to sixty (60) calendar days under the temporary supervision of a qualified mental health provider as defined by KRS 202A.011(12) while an appropriate board-approved supervisor is sought and a new supervision agreement is submitted to the board. Extenuating circumstances include situations such as death or serious illness of the board-approved supervisor, a leave of absence by the supervisor, or the termination of the supervisor's employment.

(2)

(a) Within ten (10) days of the occurrence causing the extenuating circumstance, the supervisee shall notify the board of the need for temporary supervision.

(b) Within thirty (30) calendar days of the change in status of board-approved supervision, the supervisee shall submit, in writing, a plan for resolution of the situation. The written plan shall include:

1. The name of the temporary supervisor;

2. Verification of the credential held by the temporary supervisor;

3. An email address and a postal address for the temporary supervisor and the supervisee; and

4. A telephone number for the temporary supervisor.

(c) The temporary supervision arrangement shall expire after sixty (60) days of the establishment of the temporary supervision arrangement with a qualified mental health provider. The temporary supervision arrangement shall not be extended beyond the sixty (60) days.

Section 9. Incorporation by Reference.

(1) The "LPCA Supervision Agreement", DPL-LPC-02, July 2023,, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Board of Licensed Professional Counselors, 500 Mero Street, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:00 p.m. This material is also available on the board's Web site at lpc.ky.gov.

201 KAR 36:060

26 Ky.R. 280; Am. 729; eff. 10-20-1999; 29 Ky.R. 2514; 2871; eff. 6-16-2003; 36 Ky.R. 858; 2035-A; eff. 5-7-2010; 37 Ky.R. 780; eff. 12-15-2010; 38 Ky.R. 1018; 1558; eff. 3-21-2012; 41 Ky.R. 302; 1309; eff. 12-17-2014; 43 Ky.R. 783, 1402, 1540; eff. 3-31-2017; 44 Ky.R. 792, 1223; eff. 1-5-2018; 46 Ky.R.1009; eff. 12-9-2019; 50 Ky.R.898; eff. 2/16/2024.

STATUTORY AUTHORITY: KRS 335.515(1), (3), 335.525